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HomeMy WebLinkAbout2003 07 28 Public Hearings B First Reading - Ordinance 2003-19 Small Scale FLUM Amendment COMMISSION AGENDA Julv 28,2003 Meeting Consent Information Public Hearin2 X Reeular ITEM B MGR. fL/ /Dept. ;tv , REQUEST: .\ The Community Development Department - Planning Division requests the City Commission hold a public hearing for First Reading of Ordinance 2003-19 to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map designation from Seminole County "Low Density Residential" to Winter Springs "Town Center" for the Properties located at 1204, 1206, 1208, & 1210 Orange A venue. PURPOSE: Subsequent to Annexation, the Applicants are requesting a Small Scale Comprehensive Plan Amendment, changing the Future Land Use designation from Seminole County "Low Density Residential" to Winter Springs "Town Center". APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required. . . Florida Statute 163.3187 Amendment of adopted comprehensive plan. (c) Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. ... Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent: . Section 15-36. Review criteria: Section 15-37. Local Planning Agency Review and Recommendation: @ July 28, 2003 PUBLIC HEARING AGENDA ITEM B Prior to the City Corrunission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Corrunission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Corrunission. CHRONOLOGY: May 1, 2003- Received Application for Annexation and Subsequent Comprehensive Plan Amendment and Rezoning Petition May 21,2003- Adjacent property owners notified of Applicant's request June 23, 2003- Subject properties annexed into City July 2, 2003- Planning & Zoning Board (LP A) heard the request for FLUM change and recommended Approval. July 28, 2003- 1 sl Reading of Ordinance 2003-19 CONSIDERATIONS: Applicants - James F. Pullen 1208 ORANGE AVENUE & Louise Conti 1206 ORANGE AVENUE Site Information - Four different contiguous parcels are included. . Parcel A- · Owner- Michael S. Duffy · Parcel Number- 31-20-31-502-0000-0040 · Acreage- 21,922 SF more or less · General Location- The site is located at 1210 ORANGE AVENUE. · Current Future Land Use Designation- (County) Low Density Residential · Legal Description (Metes and Bounds)- Beginning at the Southeast corner of Lot 5 of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 ofthe Public Records of Seminole County, Florida, run along the Northerly right-of-way line of Orange Avenue, N 60 D 23' 27" W, 60.00 feet; thence leaving said right-of-way line run N 22 D 12' 23" E, 363.00 feet; thence run S 64 D 27' II" E, 59.88 feet; thence run S 22 D 15' 01" W, 367.24 feet to the Point of Beginning. Parcel B- · Owner- Terry R. Heitlage · Parcel Number- 31-20-31-502-0000-0020 · Acreage- 53,892 SF more or less · General Location- The site is located at 1204 ORANGE AVENUE. · Current Future Land Use Designation- (County) Low Density Residential · Legal Description- Beginning at the Southeast comer of Lot 2 of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 of the Public Records of Seminole County, Florida, also being the Point of Beginning, run along the Northerly right-of-way line of Orange Avenue, N 60 D 23' 27",60.00 feet; July 28, 2003 PUBLIC HEARING AGENDA ITEM B thence leaving said right-of-way line run N 22 D 07' 02" East, 703.29 feet, thence run S 64 D 27' 11" E, 60.15 feet; thence run S 22 D 09' 43" W, 347.51 feet; thence run S 60 D 25' 30" E, 60.28 feet; thence run 60 D 23' 27" E, 7.34 feet; thence run S 22 D 12' 23" W, 40.00 feet; thence run S 60 D 23' 27" E, 33.00 feet; thence run S 22 D 12' 23" W, 83.00 feet; thence run N 60 D 23' 27" W, 40.34 feet; thence run N 60 D 24' 48" W, 60.18 feet; thence run S 22 D 09' 43" W, 237.00 feet to the Point of Beginning. Parcel C- · Owner- James F. Pullen · Parcel Number- 31-20-31-502-0000-0030 · Acreage- 36,746 SF more or less · General Location- The site is located at 1208 ORANGE AVENUE. · Current Future Land Use Designation- (County) Low Density Residential · Legal Description- Beginning at the Northwest comer of Lot 3 of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 of the Public Records of Seminole County, Florida, also being the Point of Beginning, run S 64 D 27' II" E, 100.22 feet; thence run S 22 D 12' 23" W, 394.60 feet; thence run N 60 D 23' 27" W, 33.00 feet; thence run N 22 D 12' 23" E, 40.00 feet; thence run N 60 D 23' 27" W, 7.34 feet; thence run N 60 D 25' 30" W, 60.28 feet; thence run N 22 D 09' 43" E, 347.51 feet to the Point of Beginning. Parcel D- · Owner- Louise Conti, Carl Conti & Janice Johnson et al · Parcel Number- 3l-20-31-502-0000-003A · Acreage- 23,802 SF more or less · General Location- The site is located at 1206 ORANGE A VENUE. · Current Future Land Use Designation- (County) Low Density Residential · Legal Description- Beginning at the Southwest comer of Lot 1, Estes Tuskawilla, according to the plat thereof as recorded in Plat Book 8, Page 29, Public Records of Seminole County, Florida; thence run along the Northerly right-of-way of Orange Avenue, S 60 D 23' 27" E, 120.00 feet to the Point of Beginning; thence run N 22 D 09' 43" E, 237.00 feet; thence run S 60 D 24' 48" E, 60.18 feet; thence run S 60 D 23' 27" E, 40.34 feet; thence run S 22 D 12' 23" W, 237.03 feet, thence run N 60 D 23' 27" W, 100.33 feet to the Point of Beginning. Subject to an easement for ingress and egress over the Easterly 20 feet of the westerly 40 feet of said Lot 4. Chronology ofSubiect Property - The subject property was annexed into the City on June 23, 2003, by Ordinance 2003-18. Existing Land Use - The properties are currently in Low Density Single-Family Residential use (1.1 Dwelling Units to 3.5 Dwelling Units per Acre). Adjacent existing land uses, zoning and FLUM designations include the following: July 28, 2003 PUBLIC HEARING AGENDA ITEM B Existing Land Uses I ZoniJlg FLUM ! Subject Low Density R-I (SC) Low Density Residential Properties ~in~l.=-~~~.~_~=~~.~e_~~~~_.___.____.____.._.__._.__.__......_____ ~~~....______......____._~__.___ North Lake Jesup ___.________.___.. ___'M__'~'____'_H'HH~_n'H'___H._..M_'....._____.___ _._________.__.___H_.___..._......_.__..._ _____......"._..._...._._____..._._,.....________._ South Vacant Town Ctr District (WS) Town Ctr District (WS) East Low Density R-I (SC) Single Family Residential Low Density Residential (SC) West Low Density R-I (SC) Sin Ie Famil Residential (WS) Winter Springs; (SC) Seminole County; (0) Oviedo Low Density Residential SC Development Trends - The subject properties are already developed as single family homes. No land use changes have been proposed. Proposed Future Land Use Classification - The proposed future land use classification change from Seminole County "Low Density Residential" to Winter Springs "Town Center District" is appropriate and compatible with the general character of the area and the site's existing land use. The properties are located adjacent to the current Town Center District boundary. Letters/Phone Calls In Favor Or Opposition - Only informational requests as of June 18, 2003. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation has been determined by evaluating the prevailing character of the immediate area around each parcel, as well as evaluating the current land use and the future goals and objectives of the City. The future land use map should be amended for these parcels to reflect Winter Springs' Future Land Use designations. The requested FLUM designation allows for the continuation of the existing land uses. Public Facilities - All of the subject properties are already developed. At this time, no changes are being proposed. Therefore, the proposed FLUM designation will have no impact on public facilities and services. If the site later develops at maximum density, the resulting number of lots would still have a negligible impact on public facilities and services. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent in the future land use designation of the property is to apply a Winter Springs' Future Land Use Map designation that supports the surrounding land uses and objectives for the future of Winter Springs. The requested future land use map designation is consistent with the surrounding areas. Natural Lands Compatibility - Not applicable. Consistency With The Comprehensive Plan - A land use designation for the subject property was not included on the City's Future Land Use Map, because the parcels were annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. July 28,2003 PUBLIC HEARING AGENDA ITEM B FIND IN GS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. Considering the type and location of uses involved and the general character ofthe area, the request would not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. PLANNING & ZONING BOARD RECOMMENDATION: At its regularly scheduled meeting of July 2,2003, the City of Winter Springs Planning & Zoning Board (LP A) heard the request to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map designation of the subject properties located at 1204, 1206, 1208, 1210 Orange Avenue, from "Low Density Residential" (Seminole County) to "Town Center District" (Winter Springs) and voted unanimously to recommend it to the City Commission for Public Hearing and Approval. ST AFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for First Reading of Ordinance 2003-19, to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map designation ofthe subject properties at 1204, 1206, 1208, & 1210 Orange Avenue from "Low Density Residential" (Seminole County) to "Town Center District" (Winter Springs). IMPLEMENTATION SCHEDULE: July 28, 2003- 1 st Reading of Ordinance 2003-19 July 31, 2003- Public Noticing for 2nd Reading! Adoption by the Commission in Orlando Sentinel Aug. 11, 2003- 2nd Reading and Adoption of Ordinance 2003-19 ATTACHMENTS: A. Planning & Zoning / Local Planning Agency Minutes from July 2,2003 B. Ordinance 2003-19 including Map & Legal Description COMMISSION ACTION: July 28, 2003 PUBLIC HEARING AGENDA ITEM B ATTACHMENT "A" Planning & Zoning / Local Planning Agency Minutes from July 2, 2003 CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JULY 2. 2003 PAGE 2 OF 5 Chairman Brown asked the Board Members in regards to the next Meeting's Agenda, "Does anybody have any new items that they would like to add?" Board Member Rosanne Karr asked, "Do you need to swear in the [Board Members] who are appointed? Would that be a Future Agenda Item?" Chairman Brown said, "Okay." IV. PUBLIC HEARINGS PUBLIC HEARINGS A. Small Scale Comprehensive Plan Amendment (Ordinance 2003-19) Changing The Future Land Use Map From Seminole County "Low Density Residential" To Winter Springs "Town Center" For The Properties Located At 1204, 1206, 1208, And 1210 Orange Avenue. Chairman Brown advised, "One thing I noticed this time that I was - pleased with, the write up that you [Ms. Sahlstrom] put out is very good. It has all the answers if we were to recommend it. It is established pretty well. I read it through a couple of times and I do not remember them [Ordinances] being quite this good. So I think you did a fine job on this." Chairman Brown added one other item, "Rosanne [Board Member Karr] and 1- are sticklers for page numbers." Ms. Sahlstrom presented this Agenda Item and stated, "Staff recommends that it be changed to Winter Springs Town Center", and "The Applicant supports that recommendation" . Discussion. "I WOULD RECOMMEND THAT WE MOVE FORWARD ON THE STAFF'S RECOMMENDATION TO THE CITY COMMISSION, CHANGING THE FUTURE LAND USE MAP CLASSIFICATION ORDINANCE 2003-19 ON THE SUBJECT PROPERTIES, FROM 'LOW DENSITY RESIDENTIAL', SEMINOLE COUNTY, TO 'TOWN CENTER DISTRICT', WINTER SPRINGS." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE CHAIRPERSON KREBS: AYE CHAIRMAN BROWN: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. J~. ,1fJO; V8V 1''1,'' July 28, 2003 PUBLIC HEARING AGENDA ITEM B ATTACHMENT "B" ORDINANCE NO. 2003-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS TOTALING 3.09 ACRES MORE OR LESS AND LOCATED ON ORANGE A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHmIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FORINCORPORA TION INTO THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3 1 87(1)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on July 2, 2003, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and City of Winter Springs Ordinance No. 2003-19 Page 1 of 4 analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" from Seminole County "Low Density Residential" to City of Winter Springs "Town Center." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with Section City of Winter Springs Ordinance No. 2003-19 Page 2 of 4 163 .3187(1)(c)(4), Florida Statutes, and Section 9J-l1, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section 163.3187(3)(c), unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein City of Winter Springs Ordinance No. 2003-19 Page 3 of 4 shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and'the Amendments shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2003. ATTEST: John F. Bush, Mayor Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: F:\Docs\City of Winter Springs\OrdinanceslSmall Scale FLUM2003-19.wpd City of Winter Springs Ordinance No. 2003-19 Page 4 of 4 July 28,2003 PUBLIC HEARING AGENDA ITEM B EXHIBIT "A" to~~ LOCATION MAP July 28, 2003 PUBLIC HEARING AGENDA ITEM B METES & BOUNDS DESCRIPTIONS Parcel A- Beginning at the Southeast comer of Lot 5 of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 of the Public Records of Seminole County, Florida, run along the Northerly right-of-way line of Orange Avenue, N 60 D 23' 27" W, 60.00 feet; thence leaving said right-of-way line run N 22 D 12' 23" E, 363.00 feet; thence run S 64 D 27' 11" E, 59.88 feet; thence run S 22 D 15' 01" W, 367.24 feet to the Point of Beginning. Parcel B- Beginning at the Southeast comer of Lot 2 of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 ofthe Public Records of Seminole County, Florida, also being the Point of Beginning, run along the Northerly right-of-way line of Orange Avenue, N 60 D 23' 27", 60.00 feet; thence leaving said right- of-way line run N 22 D 07' 02" East, 703.29 feet, thence run S 64 D 27' 11" E, 60.15 feet; thence run S 22 D 09' 43" W, 347.51 feet; thence run S 60 D 25' 30" E, 60.28 feet; thence run 60 D 23' 27" E, 7.34 feet; thence run S 22 D 12' 23" W, 40.00 feet; thence run S 60 D 23' 27" E, 33.00 feet; thence run S 22 D 12' 23" W, 83.00 feet; thence run N 60 D 23' 27" W, 40.34 feet; thence run N 60 D 24' 48" W, 60.18 feet; thence run S 22 D 09' 43" W, 237.00 feet to the Point of Beginning. Parcel C- Beginning at the Northwest comer of Lot 3 of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 of the Public Records of Seminole County, Florida, also being the Point of Beginning, run S 64 D 27' 11" E, 100.22 feet; thence run S 22 D 12' 23" W, 394.60 feet; thence run N 60 D 23' 27" W, 33.00 feet; thence run N 22 D 12' 23" E, 40.00 feet; thence run N 60 D 23' 27" W, 7.34 feet; thence run N 60 D 25' 30" W, 60.28 feet; thence run N 22 D 09' 43" E, 347.51 feet to the Point of Beginning. Parcel D- Beginning at the Southwest comer of Lot 1, Estes Tuskawilla, according to the plat thereof as recorded in Plat Book 8, Page 29, Public Records of Seminole County, Florida; thence run along the Northerly right-of-way of Orange Avenue, S 60 D 23' 27" E, 120.00 feet to the Point of Beginning; thence run N 22 D 09' 43" E, 237.00 feet; thence run S 60 D 24' 48" E, 60.18 feet; thence run S 60 D 23' 27" E, 40.34 feet; thence run S 22 D 12' 23" W, 237.03 feet, thence run N 60 D 23' 27" W, 100.33 feet to the Point of Beginning. Subject to an easement for ingress and egress over the Easterly 20 feet of the westerly 40 feet of said Lot 4.